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PEOPLE v. DISTRICT COURT

No. 92SA168.

843 P.2d 6 (1992)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT OF COLORADO'S SEVENTEENTH JUDICIAL DISTRICT and One of its Judges, the Honorable Harlan R. Bockman, Respondents.

Supreme Court of Colorado, En Banc.

October 13, 1992.

Attorney(s) appearing for the Case

James F. Smith, Dist. Atty., Seventeenth Judicial Dist., Steven L. Bernard, Chief Trial Deputy Dist. Atty., Brighton, for petitioner.

David A. Ogilvie, P.C., David A. Ogilvie, Denver, for defendant David Eugene Bath.

Dennis S. Brinn, Denver, for defendant Jeffrey W. Giardina.

Justice VOLLACK delivered the Opinion of the Court.

At the request of the People of the State of Colorado (the People), this court issued a rule to show cause why this court should not issue a Writ of Mandamus requiring respondent district court to empanel a jury in People v. Bath, No. 91CR1660, and in People v. Giardina, No. 91CR1658. The People assert that the defendants must first obtain the People's consent before waiving their right to trial by...

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